Case Digest (G.R. No. L-6503)
Facts:
- The case involves The United States vs. Chiong Songco, decided on February 27, 1911.
- Chiong Songco was accused of throwing sulphuric acid on the complaining witness, causing severe injuries.
- The attack occurred at night, with the defendant hiding behind a sheet of zinc.
- The victim was taken by surprise and suffered from illness for over thirty days.
- The trial court found the attack to be treacherous, as defined in Article 10 of the Penal Code.
- Songco was convicted of lesiones under Article 416, subsection 4, and Article 417, receiving a sentence of one year and one day of imprisonment.
- The court acknowledged the presence of treachery, which could lead to a different penalty.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that the trial court's conviction of Chiong Songco for lesiones was incorrect.
- The Court reversed the trial court's sentence and imposed a penalty of two years of prision corr...(Unlock)
Ratio:
- The Supreme Court found that the trial court misapplied the law by convicting Songco under Article 417, which pertains to the use of poisons.
- The use of sulphuric acid in this case did not fit the definition of offenses under Article 417.
- The presence of treachery required a penalty under the last paragraph of Article...continue reading
Case Digest (G.R. No. L-6503)
Facts:
In the case of The United States vs. Chiong Songco, decided on February 27, 1911, the defendant, Chiong Songco, was accused of committing a violent act against the complaining witness by throwing the contents of a bottle filled with sulphuric acid onto his face and body. This act resulted in significant injuries that caused the victim to suffer from illness for over thirty days. The incident occurred at night, and the attack was executed from behind a sheet of zinc, which provided cover for the defendant. The victim was caught completely off guard, having no reason to expect such an assault. The trial court found that the attack was treacherous, as defined in Article 10 of the Penal Code, and thus established the presence of treachery (con alevosia) in the commission of the crime. The trial court convicted Songco of lesiones, as defined in subsection 4 of Article 416, in conjunction with Article 417 of the Penal Code, and sentenced him to one year and one day of imprisonment. However, the court noted that the crime was marked by the qualifying circumstance of treachery, which warranted a different penalty under the law.
Issue:
- Was the trial court correct i...